1. Leave granted.

2. The present appeal has been filed by the Appellant(s) assailing the correctness of a decision of the Madras High Court (the “High Court”) dated 13.09.2021, setting aside an order dated 24.10.2019 passed by the Ld. XIV Metropolitan Magistrate, Egmore, Chennai (the “Trial Court”) whereunder, the Trial Court rejected the application instituted by the Complainant under Section 216 read with Section 319 of the Code of Criminal Procedure, 1973 (the “CrPC”) seeking (i) the summoning of; and (ii) the impleadment of the Appellant(s) as Digitally signed by SONIA BHASIN Date: 2024.02.22 12:53:10 IST Reason:

Signature Not Verified accused person(s) in connection with Case Crime No. 7243 of 2018 under Section(s) 452, 294(b), 323 and 506(1) of the Indian Penal Code, 1860 (the “IPC”) (the “Impugned Order”).

3. The brief fact(s) culled out of the record are as follows:

3.1. Pursuant to an order of the High Court dated 24.01.2018, Respondent No. 1 registered a First Information Report (“FIR”) dated 20.04.2018 under Section(s) 448, 294(b), 323 and 506(1) of the IPC pursuant to a complaint lodged by Respondent No. 2 i.e., the Complainant whereunder it was alleged that, Respondent No. 3 came to the Complainant’s home asking about one Vidhul i.e., the Complainant’s son. Upon being told that Viduhl was the Complainant’ son Respondent No. 3 slapped the Complainant, pushed her on the sofa, made vulgar comments and thereafter dragged Vidhul out of the bathroom and physically assaulted him up until he fell unconscious. Subsequently, Respondent No. 3 extended threat(s) to the Complainant. Pertinently, it was also stated in the FIR that Respondent No. 3 was accompanied by her husband and another ‘boy’, however no role was ascribed to aforesaid person(s).

3.2. A chargesheet came to be filed before the Trial Court by Respondent No. 1 against Respondent No. 3 under Section(s) 294(b), 323, 506(1) and 448 IPC. Subsequently the charge under Section 448 IPC came to be altered to Section 452 IPC. Pertinently, the Complainant, other eyewitnesses and the doctor who examined the injured victim(s) only named; and ascribed a role to Respondent No. 3 in their statement(s) under Section 161 CrPC before the investigating authorities.

3.3. An application dated 27.01.2019 under Section 482 CrPC came to be preferred by the Complainant before the High Court seeking re-investigation qua the FIR. At this stage, for first time, the Complainant individually (a) named (i) Appellant No. 1 i.e., Respondent No. 3’s husband; and (ii) Appellant No. 2 i.e., a relative of Respondent No. 3; and (b) ascribed a particular role qua the alleged incident to them i.e., that the Appellant(s) trespassed into the Complainant’s home, hurled vulgar abuses and also threatened to kill the Complainant’s son. It was also stated that although the Complainant allegedly named the aforesaid person(s), the same was not recorded in the FIR (“Re-Investigation Application”). The High Court vide an order dated 05.02.2019 in the Re-Investigation Application, observed that the investigation had concluded; and a chargesheet had be filed by the investigating authorities. Accordingly, the High Court granted the Complainant liberty to prefer an application under Section(s) 319 read with 216 of the CrPC before the Trial Court seeking impleadment of the Appellants qua the proceedings emanating from the FIR. Further, the Trial Court was directed to consider the application of the Complainant under Section(s) 319 read with 216 of the CrPC and implead the Appellant(s) as accused person(s) during the examination of witnesses (if necessary) (the “Re-Investigation Order”).

3.4. Pursuant to the Re-Investigation Order, an application dated 19.03.2019 under Section(s) 319 read with 216 of the CrPC came to be preferred by the Complainant before the Trial Court whereunder it was stated that (i) despite naming the Appellants, the FIR only came to be lodged against Respondent No. 3 i.e., all